Criminalization of medical error and medical regulatory authority

This study aimed to suggest the justification for a self-regulatory body for medical licenses in Korea by reviewing recent cases of physician arrests for medical accidents in Korea. A number of recent cases of medical mistakes have been criminalized by courts in Korea, leading to widespread concern and fear throughout the healthcare community. Without a profession-led self-regulation system ever having been introduced in Korea, there is no alternative method for disciplining doctors other than through criminal tort law. It is expected that the volume of malpractice lawsuits will increase rapidly in Korea as the government ambitiously expands its plans for universal health coverage. Instead of facing criminal charges, however, doctors must put forth an effort to introduce a contemporary form of medical regulation, with more advanced disciplinary measures against substandard practice. The Korean Medical Association has undertaken the challenging mandate of establishing a new professional regulatory body to provide a tribunal and disciplinary system for the medical profession. It has proven difficult to persuade doctors of its purpose and value, as the majority do not yet fully grasp the very foreign concept of self-regulation. Moving forward, however, it will eventually become the responsibility of doctors to persuade society, lawmakers, government, and patient interest groups of the necessity and viability of self-regulation, which may also prove challenging. Despite these predictable challenges, it is imperative that Korean doctors solve the issue of creating a new, modern regulatory body capable of effective self-regulation and acceptable disciplinary measures, within the near future.

Problems and Countermeasures Existing in the Supervision System of Online Drug Sale in China / 中国药房

OBJECTIVE:To provide reference for the improvement of supervision system of online drug sale in China. METH-ODS:Usingonline pharmacyonline drugstoreinternet drugssupervisionas keywords,CNKI,Wanfang database from Jan. 2015 to Jan. 2016 and related websites were retrieved,experience about legislation,legal provisions and regulatory bodies in the United States,Britain,Germany and other countries were summarized. The problems existing in the current supervision system in China were analyzed,and related suggestions were proposed. RESULTS & CONCLUSIONS:The legal system of the online drug sale in the United States,Britain,Germany and other countries is more complete,legislation content is relatively perfect,pay-ing attention to the combination of administrative supervision and industry supervision. The supervision system of online drug sale in China exists problems as follows as legislation level relatively lower,conflict between laws and regulations;the legislation con-tent being not perfect,contents missing or provisions blur in many aspects;law enforcement existing in the government depart-ments,industry regulation being weak and others. It is suggested that the country should develop high-order law when improving the supervision system of online drug sale,modifying the existing law or promulgating the relevant specialized laws by legal form rather than regulations and rules;develop clear,actionable law and learn from foreign related systems (such as electronic evi-dence,blacklist)to improve legal contents;and further clear the powers and responsibilities of the regulatory authorities,actively develop industry associations(such as pharmaceutical association,etc.)to conduct supervision for online drug sale.